Court : Patna
Decided on : Feb-12-2008
..... officials. after observing paraphernalia search of the bag was made and it was found that it was carrying photo frame of goddess durga, on removing the photo 11 pockets of nepali charas measuring 5 kjg. was found there. initially the accused denied his knowledge about the article which was seized but later on confessed. the prosecution report dated 26.6.1992 .....
Tag this Judgment!Court : Patna
Decided on : Jul-17-2008
..... the district of darbhanga. this order has been challenged therefore in the present writ application.2. some basic facts are not under dispute. petitioner's father is a nepali resident as well as its citizen. the mother is alleged to be the woman of indian origin married to petitioner's father. subsequently after matrimony it is stated ..... that she too acquired nepali citizenship voluntarily. petitioner after coming of age entered into a matrimony with one mithilesh prasad in the year, 1988. she was supposed to be of 18 years of ..... her. not only this the private respondent had brought enough evidence to show that it is not in dispute that the father and mother of the petitioner are nepalis citizens and she was brought up in nepal. mere matrimony therefore could not confer citizenship upon the petitioner.7. this court had occasion to deal with similar .....
Tag this Judgment!Court : Patna
Decided on : Apr-11-2008
..... he brings to my notice section 9(2) of the nepal citizenship act, 1964, which is reproduced hereinbelow for ready reference:9. loose of nepali citizenship:(1) the nepali citizenship of any nepali citizen shall automatically lapse on his acquiring the citizenship of any foreign country of his own will.(2) in case any person becomes a citizen ..... jus sanguinis, he may chose the citizenship of either country within five years of reaching 16 years of age. in case he doesn't do so his nepali citizenship shall automatically lapse on the expiry of this time-limit.provided that persons who have acquired citizenship in this manner before the commencement of this act ..... as the act) has disqualified the petitioner from the post of mukhlya, ballour gram panchayat in the district of darbhanga on the ground that the petitioner was a nepali citizen and therefore, is not entitled to occupy the elected office under question. petitioner wants the impugned order, therefore, to be set aside in the present writ .....
Tag this Judgment!Court : Patna
Decided on : May-22-2008
Sheema Ali Khan, J.1. The Land Acquisition Officer has issued a declaration under Section 6 of the Bihar Land Acquisition Act on 14-11-2006 for acquisition of land appertaining to Khata No. 2, Plot No. 41, measuring 6.15 decimals. This declaration has been challenged by the petitioners. The said land is being acquired for the purpose of construction of a military base camp for the safety and surveillance of the Indo Nepal Border.2. In this writ petition, the petitioners have made a prayer that the land of the petitioners described above should be excluded from the emergency provisions of the Land Acquisition Act and that the petitioners should get an opportunity to file objection whereby the petitioners can save their brick kiln business as according to them there are alternative lands situated adjacent to the chunk of land sought to be acquired which measures 26.14 acres.3. The facts are that the notification under Section 4 of the Act was issued and received by the petitioners on 5-...
Tag this Judgment!Court : Patna
Decided on : Mar-10-2008
1. The insurer has preferred this appeal in terms of CI. 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 10-9-1999, passed in Misc. Appeal No. 517 of 1998 Ram Prasad Kushwaha v. Manoj Mandal and Ors., whereby the appeal at the instance of the owner of the vehicle (respondent Nos. 1 and 3 herein) has been allowed, and the insurer has been directed to pay the amount, of compensation to the claimants (respondent Nos. 5 and 6 herein) as per the direction In the judgment of the learned trial Court.2. Respondent NO. 2 herein (Manoj Mandal) was driving tractor No. BHJ 5889 (owned by respondent Nos. 1 and 3), and, on account of his rash and negligent driving dashed against lector No. BHJ 6036 driven by Nakul Yadav, aged about 21, years, who fell down in the adjoining ditch covered with water and died on the spot. Respondent No. 5 (Anil Kumar Yadav), and respondent No. 6 (Mosmat Sanju Devi), filed the application under Section 110 of the M...
Tag this Judgment!Court : Patna
Decided on : Sep-12-2008
Sudhir Kumar Katriar, J.1. This is a batch of 13 writ petitions under Article 226 of the Constitution of India, questioning the validity of the selection process of the Bihar Administrative Service First Limited Competitive Examination 2003 (hereinafter referred to as 'the Selection Process'), conducted by the Bihar Public Service Commission (hereinafter referred to as 'BPSC'). All the writ petitions (except Cr.WJC No. 583 of 2007 and CWJC No. 16093 of 2007) have been preferred by unsuccessful candidates, some of whom want cancellation of the selection process from the stage of the advertisement, some other want the selection process from the post-advertisement stage and fresh examination to be held, and still others want the selection process to be upheld and preparation of fresh merit list in accordance with law after excluding the charge-sheeted candidates. Cr.WJC No. 583 of 2007 has been preferred by the successful candidates and pray for the direction that the investigation may b...
Tag this Judgment!Court : Patna
Decided on : Aug-28-2008
Samarendra Pratap Singh, J.1. Heard learned Counsel for the petitioner and learned Additional public prosecutor for the State of Bihar.2. In the instant writ petition, the petitioner has prayed for a direction to the respondents to pay heavy compensation as he was detained for a period of two years and odd, over and above the sentence he was awarded under sections 379 and 411 of the penal code by the trial court, namely, Sub Divisional Judicial Magistrate, Bettiah, West Champaran.3. Short facts giving rise to this writ petition are as follows:- On the written report of one Rabindra Jha dated 7.3.2002, Bettiah Town ps case No. 94 of 2002 was registered for offences under sections 341, 323, 379, 411, 384/34 of the penal code. The informant alleged that on 7.3.2002 while he was going to deposit a sum of Rs. 1570/- collected from sale of attendance sheet of Bar Association, Bettiah, the accused petitioner and one unknown person snatched his money and a packet containing some forms. On hal...
Tag this Judgment!Court : Patna
Decided on : Mar-05-2008
Shyam Kishore Sharma, J.1. The instant appeal on behalf of Bagar Mahato and his son Ram Bharosa Mahato is against the judgment dated 7-8-1993 passed by the Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 194 of 1989 whereby he held the appellant No. 1 guilty for committing offence under Section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and a fine of Rs. 5,000/- (five thousand) and in default of payment of fine, he was ordered to undergo simple imprisonment for one year.2. P.Ws. 4 and 7 are ordered to be paid compensation at the rate of 1,500/- each. Appellant No. 2 was convicted under Section 379, I.P.C. and after being given benefit of Section 360, Cr. P.C. he was released on admonition.3. Fardbeyan of Mahanth Mahto (P.W. 7) is the basis of the prosecution case. His Fardbeyan was recorded on 8-1-1988 at 6 p.m. at M. J. K. Hospital, Bettiah in which he alleged that on 8-1-1988 at 1.00 p.m. Bagar Mahto armed with Gara...
Tag this Judgment!Court : Patna
Decided on : Sep-16-2008
Sudhir Kumar Katriar, J.1. The six appellants have preferred the six appeals arising out of a common judgment dated 22.2.1988, passed by the learned 2nd Additional Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 258 of 1986/10 of 1987 (The State of Bihar v. Shailendra Mahton and five Ors.), whereby Arun Mahto alias Arun Kumar has been convicted under Section 302 of the Indian Penal Code. The remaining appellants, namely, Krishna Murari Mahton alias Krishna Murari Prasad, Shailendra Mahton alias Shailendra Prasad, Bahadur Mahto alias Interjit alias Inderjit Singh, Kaushlendra Prasad alias Kaushal Mahton, and Surendra Prasad alias Suli Mahton have been convicted under Section 302 read with Section 34 of the IPC. All the six appellants have been sentenced to undergo rigorous imprisonment for life.2. The prosecution case is that on 7.3.1986, at 10.45 A.M., the informant Budhram Prasad (P.W.6), along with deceased Vijay Yadav got into a Rajya Transport bus bearing No. BHY 135...
Tag this Judgment!Court : Patna
Decided on : Jun-27-2008
Sudhir Kumar Katriar and Samarendra Pratap Singh, JJ.1. The instant Government appeal is directed against the judgment dated 18.6.1988, passed by the learned 2nd Additional District & Sessions Judge, Begusarai, in S.T. No. 107 of 1985/4 of 1988, whereby and where under he has acquitted Opposite Parties 1, 2 and 3, namely, Md. Akhtar @ Md. Kari, Md. Jamal @ Fakira and Md. Sanjat, charged under Sections 148 and 302 read with Section 149 of the Penal Code. A criminal revision was also filed at the instance of the informant to the same effect which has been tagged with the instant Government Appeal.2. The prosecution case, as made out in the Fardbeyan of Md. Abu Daud (P.W.6) of village Saidpur, P.S. Matihani, District Begusarai, recorded on 5.1.1984, at 9 P.M., by Shri B. Das, Officer Incharge Matihani P.S., Village Saidpur, in short is as follows:i) The informant stated that he along with his younger brother Md. Nadir Sah @ Jumma went to the place of co-villager Md. Mobin (P.W.4) to coll...
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